Update: Mediation date set for 15/11.

Claim status is Mediation expected within 28 days.

Both DQs completed already

Yes I've been collecting info like messages and screenshots ready and will keep reading. Yes I still have it as he didn't respond to my request for a return label so I could get a second opinion if necessary or as you say show the wear should it come to it. Update: Claimant has rejected my response but agreed to mediation & hopefully will see reason at this stage.

Many thanks! I managed to get most of that in. Lets hope he responds reasonably.

21/8 reason for return doesn't fit. This replacement isn't suitable can we please return it for a refund. On checking I have actually made an error and stated it doesn't fit now I see maybe why he's kicking off. 25/8 eBay closed case in sellers favour 25/8 I opened claim via PayPal as Not as described 31/8 seller didn't respond 4/9 Paypal claim closed in my favour - called PayPal to ask how I could return it and they confirmed there was no need to do so. 5/9 got 8 phone calls gave up trying to reason after 12 mins ranting 7/9 - 28/9 in Greece returning early hours of the 29th 7/9 recorded letter sent 22/9 claim started thro money claims NO charge back I opened a claim thro PayPal requesting to return as it wasn't as described IE not new inside

(Full disclosure it is actually my OHs name on the claim form but it was me that suggested we return it and I am acting on here on his behalf. I refers to the defendant). Summary: I believe I am within my rights to request a refund as we believe the item is not new as described as there are clear signs of wear to the motor under the consumer rights etc. Claimant has made some assumptions: 1. that I wanted to keep the item AND obtain a refund 2. that I have done this fraudulently with intention of theft by deception 3. That I ordered it by mistake. I did not- ordered it to take apart and fit the motor inside into a different machine for what it was intended. 4. I agree there was a delay in the initial request for return for various reasons -there was a hold up at the post office which meant the time slot available to look at the machine was missed so due to shift work it had to wait until the next days off which added extra time. 5. The seller suggested I re sell it on eBay but as it didn't look new inside that wasn't an option. 6. For the eBay return reason I just said it wasn't suitable but didn't specifically state that the reason was bcos it was worn inside like the one we wanted to replace. 7 PayPal give a longer return time and I claimed as not as described bcos the insides of the motor showed signs of wear. It was sold as new. 8. Apart from the first reply to the return request on ebay all communications have seemed threatening and accusatory. He made 8 calls whilst I was asleep and woke me on the last one ranting and threatening to send to send the police round (he stated the name of the local police) which was getting neither of us anywhere. I passed the phone to my partner and she tried to get the claimant to calm down and speak reasonably but even she said if you don't stop shouting and act reasonably I will have no choice but to hang up and did so. The call lasted approx 12 minutes. Neither of us could get him to accept we simply wanted to return it. At no point did we refuse to return it. 9. Myself and my partner were getting ready to go on a 3 week holiday had a million and one things to do and disturbed and upset by the phone call hung up and just presumed he would call back when he had calmed down. 10. We then called eBay and reported his actions who agreed he had acted unreasonably, that we should report him as in breach of eBay policies, report him to action fraud, block him and they would take his actions very seriously. We were told they have no record of him contacting eBay. 11. Also called PayPal who agreed the case was closed NFA- end of. IIRC there was no online chat available at the time hence the calls 12. Both follow up letters came while we were out of the country. 13 In return I have left a message on his answering service saying we had been away and would deal with this now we were home. 14. Emailed asking for return label and discontinuance and had no reply.

having considered the responses I may as well defend The letter I have doesn't look the same as those I've seen before but this is what I can see. Have attached redacted page 1 and the box I have to complete on the money claims site. Which Court? in the county court business centre online civil money claims Name of the Claimant : Mr Martin Anderson Claimants Solicitors: n/a Date of issue – 23 September 2022 Date for AOS - 12 October 2022 extended to 26 October 2022 Date to submit Defence - 9 November 2022 What is the claim for –XX bought the wrong type of motor and foot control on eBay for their machine then approx 2 months later wanted a refund as they stated this was wrong for their machine, the listing does clearly state what type of machine this is for, eBay closed this return in my favor as out of time for a return, then the same day the defentant XX then done a charge back with their financial institutions stating something different as to what they stated to ebay, now stating with their financial institutions (doesn't match the description in your listing) what is total lies, I have made a phone call to the defendant to ask for the return of the motor and foot control but XX the defendant refuse to return the good, I also sent a recorded letter stating we would like payment or the goods returned but no reply, I have also contacted Action fraud that have now past this to the police (for fraud by obtaining goods by deception) (copied as written) What is the value of the claim? £88.24 Amount Claimed £52.90 claim fees £35 Total interest claimed to the date of submission 0.34 Total Amount £88.24 N1 page 1 Claim Form.pdf to action.pdf

No reply received to the email I sent asking for a return label and the 28 days to respond is up today 26/10/22 at 4pm. Suggested next action please? I get the impression from the words he was using on the phone - theft fraud deception police etc - he's wanting his day in court out of principle? Surely he will get the same money back if it goes to court or if we pay up now or had been given a chance to return it when we weren't out of the country!

Ok that all sounds reasonable thanks and yes I have asked for copies of transcripts and can print out records etc. I have documented the phone call with eBay who advised they had violated eBay's policies etc. EBaY: closed the return as it was outside of the return time period so I turned to payPal as they have a longer period to claim £ back. Q. Can I offer to pay for the return postage next day as if they agree to it's return I can get on with it and they may think they're getting a win? If it's a straight no I want my saying court response then I have the option to defend then hope they agree to mediation who hopefully will persuade them to accept it back or just pay up and write it off.

Many thanks for the replies (and for the neat editing). PayPal gave the seller time to respond which he didn't he says due to holidays. We were caught in the same boat as we were then on holiday when he switched to postal communication which was unfortunate for both sides. I'm going to return it following the advice above and document it fully. Q. Do I point out how reasonable my actions have been in a letter with the parcel and ask that he stop the action? I can also send it via email to the address provided on the claim?

yes still have the item which is where I started this thread -what if I just send it back paypal have now said in an account message that they didnt ask me to return it

PayPal closed the case as he didn't reply -he said he was on holiday. Contacted PayPal again today - confirmed via message centre in writing that they did not ask me to return the item at the time. I have requested transcripts of all previous messages. Sad that we then went away on holiday and didn't respond to his actions which he escalated to small claims court as we didn't reply due to holidays. do I 1. accept costs and pay up and write it off and bin the item 2. defend that PayPal decided in my favour, I double checked with them and just did what I was told but risk a judge getting annoyed with me that British law over rules PayPal policy and more costs. Did I act reasonably? was I supposed to know PayPal's policies might not stand up in court? Was I reasonable when called with threats of all sorts at night asking him to stop yelling or I'd hang up after almost 10 minutes? Was I unreasonable to feel that getting ready for my holiday was more important than dealing with an angry man arguing about something that was already decided on who never once simply calmly asked us to return it or offered a return address or acknowledged that all we wanted to do was return it for a refund as it wasn't as described and didn't want to waste the money or put it in the bin. Now we owe more money and still have to bin it. We certainly never wanted to keep it yet he's determined we acted with intent to at best defraud and at worst steal. Like everyone money is tight and it seemed reasonable to ask PayPal to persuade the seller to let us return it for a refund i didn't expect PayPal to say don't return it. In fairness I also accept that the seller can say he acted reasonably by calling then sending a letter and then small claims court action as he wasn't aware we were on holiday and couldn't respond.

thanks for all the replies They are a business seller on ebay and their associated website also says they are a family run business. They have sold lots of these items. It's possible the ebay or paypal note had my phone number on? I'll send a SAR anyway as ebay told me they wouldnt give out my number. Q. I have no problem with returning it but is it past that stage now? atm I have 2 options, accept the claim for the full amount and I assume pay in full inc his costs, can I return the item by recorded services and respond rejecting the claim as I have returned it already - that leaves an unpaid court fee? the chargeback was accepted because I claimed it's not new - it looks new externally but the motor inside shows signs of wear and looks no better than the 40 year old one we wanted to replace. Inside it shows clear signs of use and is more likely to be reconditioned but to defend this I'm guessing I'd have to get a report from an expert to prove it's not as described. From reading previous attempts to defend such cases saying Paypal/ ebay told me to keep the goods - even if I get them to confirm this in writing may not work as do their policies over ride his right to the goods under british law? The seller was so agressive and threatening on the phone it was late at night and as I was assured by paypal and ebay everything was ok, we were about to go on holiday and were away when the letters arrived, its all just turned into a sticky mess that should never have gone this far. I just wanted to return it - if he considered it new then he could re sell it? As i considered it worn I couldnt re sell it as new. Q. if I respond by saying I accept the claim do I just get a bill for the whole lot and write it off as unfortunate that the letters arrived when we were away? No recorded CCJ? Thanks

hi dx no it was all done on the phone both PayPal and eBay told me I didn't have to return it although I said I wanted to as it's useless. I asked PayPal for a copy of their decision making process but they said they couldn't send me any more than a copy of the email stating I was refunded which has no mention of returning it. Hi Stu and thanks I'll get back onto them. It's £53 plus court fees of £35 plus interest!